Tankersley v. Stepp

Carley, Justice.

Marie Stepp and Marjorie Tankersley are sisters-in-law. In her capacity as administratrix of her husband’s estate, Mrs. Stepp filed suit to contest Mrs. Tankersley’s title to certain real property. When called by Mrs. Stepp as the first witness at the jury trial, Mrs. Tankersley evidenced an inability to respond to the questions posed to her on cross-examination. During a recess, her counsel and the trial court spoke to her physician by phone. Although Mrs. Tankersley’s counsel made an alternative motion for continuance or mistrial, the trial court denied that motion after…